Virginia Lawyers Weekly

A Virginia woman who has been fighting for years to deny child-visitation rights to her former lesbian partner lost another round in the Virginia Court of Appeals last week.

In a case closely watched by national gay rights and conservative Christian groups, the court unanimously upheld Winchester Circuit Judge John R. Prosser’s dismissal of Lisa Miller’s latest attempt to block Virginia from registering and enforcing a Vermont court order granting visitation rights to Janet Jenkins.

Courts in both states have repeatedly ruled against Miller, who became pregnant by artificial insemination after she and Jenkins entered into a civil union in Vermont in 2000. Miller later renounced homosexuality and moved with daughter Isabella to the Winchester area. Vermont courts dissolved the civil union and awarded custody of Isabella to Miller with visitation to Jenkins.

The appeals court has now ruled against Miller three times. The Virginia Supreme Court did not reach the merits of the dispute because of procedural failings by Miller, and the U.S. Supreme Court has refused to hear Miller’s appeal.

“This apple must be running out of bites,’’ said Kent Willis, executive director of the ACLU of Virginia, which joined the Lambda Legal Defense Fund in representing Jenkins.

But Steve Crampton, a lawyer for the conservative Liberty Counsel, said the battle will continue. Liberty Counsel represents Miller.

“There are several matters involving Janet Jenkins and her attempts to register and enforce rulings out of Vermont in the courts of Virginia,’’ Crampton said. “We expect sooner rather than later to be back in front of this same court making pretty much the same arguments.’’

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